DIRECTIONS FOR IMPROVING THE LEGAL REGULATION OF ALTERNATIVE NON-MILITARY SERVICE IN UKRAINE

Abstract

The purpose of the article is to determine the directions for improving the legal regulation of alternative non-military service in Ukraine during Russia’s full-scale armed aggression. The article examines the legal problems arising in Ukraine due to gaps in the legal regulation of alternative non-military service. It is established that the judicial practice in this area is quite contradictory. Attention is focused on the provisions of the Amicus Curiae Brief on Alternative (Non-Military) Service of the European Commission for Democracy through Law (the Venice Commission), adopted at its 142nd Plenary Session on March 14–15, 2025. It is stated that the absence of legal liability for persons who are required to perform the investigated type of service significantly reduces the effectiveness of the legal mechanism for its performance. The establishment of different levels of fitness for alternative non-military service based on health status is proposed. It is concluded that the legal regulation of alternative non-military service in Ukraine during the martial law regime must be carried out in inseparable connection with ensuring national security. It is substantiated that the primary goal of introducing the constitutional military duty is first and foremost the protection of the lives of the citizens of our state, including those belonging to pacifist religious denominations. Therefore, in the new law on alternative military service, the necessity of which is conditioned by many factors, it is appropriate to create a model for replacing military service with alternative service that would allow for a proportional and fair distribution of the wartime burden between those who defend Ukraine with weapons in hand and those who have chosen alternative non-military service. It is argued that the terms of service (until the President of Ukraine announces demobilization), the possible increase in working hours, and legal liability for unauthorized abandonment of the place of service and for negligence should apply to both categories, which will take into account the Venice Commission’s position on the proportionality of state measures in the sphere under study.